Bill Amendment: IL SB0398 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ECONOMIC DEVELOPMENT-TECH
Status: 2019-01-09 - Session Sine Die [SB0398 Detail]
Download: Illinois-2017-SB0398-Senate_Amendment_002.html
Bill Title: ECONOMIC DEVELOPMENT-TECH
Status: 2019-01-09 - Session Sine Die [SB0398 Detail]
Download: Illinois-2017-SB0398-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 398
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2 | AMENDMENT NO. ______. Amend Senate Bill 398 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Minimum Wage Law is amended by changing | ||||||
5 | Section 4a as follows:
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6 | (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
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7 | Sec. 4a. (1) Except as otherwise provided in this Section, | ||||||
8 | no employer
shall employ any of his employees for a workweek of | ||||||
9 | more than 40 hours
unless such employee receives compensation | ||||||
10 | for his employment in excess of
the hours above specified at a | ||||||
11 | rate not less than 1 1/2 times the regular
rate at which he is | ||||||
12 | employed.
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13 | (2) The provisions of subsection (1) of this Section are | ||||||
14 | not applicable to:
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15 | A. Any salesman or mechanic primarily engaged in | ||||||
16 | selling or servicing
automobiles, trucks or farm |
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1 | implements, if he is employed by a nonmanufacturing
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2 | establishment primarily engaged in the business of selling | ||||||
3 | such vehicles
or implements to ultimate purchasers.
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4 | B. Any salesman primarily engaged in selling trailers, | ||||||
5 | boats, or aircraft,
if he is employed by a nonmanufacturing | ||||||
6 | establishment primarily engaged
in the business of selling | ||||||
7 | trailers, boats, or aircraft to ultimate purchasers.
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8 | C. Any employer of agricultural labor, with respect to | ||||||
9 | such
agricultural employment.
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10 | D. Except as provided in subsection (4), any Any | ||||||
11 | employee of a governmental body excluded from the | ||||||
12 | definition of "employee" under paragraph (e)(2)(C) of | ||||||
13 | Section 3 of the Federal Fair Labor Standards Act of 1938.
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14 | E. Any employee employed in a bona fide executive, | ||||||
15 | administrative or
professional capacity, including any | ||||||
16 | radio or television announcer, news
editor, or chief | ||||||
17 | engineer, as defined by or covered by the Federal Fair
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18 | Labor Standards Act
of 1938 and the rules adopted under
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19 | that Act, as both exist on March 30, 2003, but compensated
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20 | at the amount of salary specified in subsections (a) and
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21 | (b) of Section 541.600 of Title 29 of the Code of Federal
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22 | Regulations as proposed in the Federal Register on March
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23 | 31, 2003 or a greater amount of salary as may be adopted by
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24 | the United States Department of Labor. For bona fide | ||||||
25 | executive,
administrative, and professional employees of | ||||||
26 | not-for-profit corporations,
the Director may, by |
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1 | regulation, adopt a weekly wage rate standard lower
than | ||||||
2 | that provided for executive, administrative, and | ||||||
3 | professional
employees covered under the Fair Labor | ||||||
4 | Standards Act of 1938, as now or
hereafter amended.
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5 | F. Any commissioned employee as described in paragraph | ||||||
6 | (i) of Section
7 of the Federal Fair Labor Standards Act of | ||||||
7 | 1938 and rules and regulations
promulgated thereunder, as | ||||||
8 | now or hereafter amended.
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9 | G. Any employment of an employee in the stead of | ||||||
10 | another employee of the
same employer pursuant to a | ||||||
11 | worktime exchange agreement between employees.
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12 | H. Any employee of a not-for-profit educational or | ||||||
13 | residential child care
institution who (a) on a daily basis | ||||||
14 | is directly involved in educating or
caring for children | ||||||
15 | who (1) are orphans, foster children, abused,
neglected or | ||||||
16 | abandoned children, or are otherwise homeless children
and | ||||||
17 | (2) reside in residential facilities of the institution and | ||||||
18 | (b) is
compensated at an annual rate of not less than | ||||||
19 | $13,000 or, if the employee
resides in such facilities and | ||||||
20 | receives without cost board and lodging from
such | ||||||
21 | institution, not less than $10,000.
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22 | I. Any employee employed as a crew member of any | ||||||
23 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
24 | of Title 46 of the United States Code,
operating in any | ||||||
25 | navigable waters in or along the boundaries of the State of
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26 | Illinois.
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1 | J. Any employee who is a member of a bargaining unit | ||||||
2 | recognized by the Illinois Labor Relations Board and whose | ||||||
3 | union has contractually agreed to an alternate shift | ||||||
4 | schedule as allowed by subsection (b) of Section 7 of the | ||||||
5 | Fair Labor Standards Act of 1938. | ||||||
6 | (3) Any employer may employ any employee for a period or | ||||||
7 | periods of not
more than 10 hours in the aggregate in any | ||||||
8 | workweek in excess of the maximum
hours specified in subsection | ||||||
9 | (1) of this Section without paying the
compensation for | ||||||
10 | overtime employment prescribed in subsection (1) if during
that | ||||||
11 | period or periods the employee is receiving remedial education | ||||||
12 | that:
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13 | (a) is provided to employees who lack a high school | ||||||
14 | diploma or educational
attainment at the eighth grade | ||||||
15 | level;
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16 | (b) is designed to provide reading and other basic | ||||||
17 | skills at an eighth
grade level or below; and
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18 | (c) does not include job specific training. | ||||||
19 | (4) A governmental body is not in violation of subsection | ||||||
20 | (1) if the governmental body provides compensatory time | ||||||
21 | pursuant to paragraph (o) of Section 7 of the Federal Fair | ||||||
22 | Labor Standards Act of 1938, as now or hereafter amended, or is | ||||||
23 | engaged in fire protection or law enforcement activities and | ||||||
24 | meets the requirements of paragraph (k) of Section 7 or | ||||||
25 | paragraph (b)(20) of Section 13 of the Federal Fair Labor | ||||||
26 | Standards Act of 1938, as now or hereafter amended.
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1 | (Source: P.A. 99-17, eff. 1-1-16 .)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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